Article 1: Definitions
1.1 In these General Terms and Conditions, the following words have the following meanings:
a. subject: the Informational Human Development technology by the Bronnikov-Fekleron system (further named as Informational Human Development technology) in different levels, projects and/or programs;
b. contractor: Focus To;
c. customer: the natural person or legal entity that is entering into an agreement with Focus To;
d. agreement: the agreement which has been concluded between the customer and Focus To which relates to the customer’s participation or to an assignment to provide meetings, courses, workshops, training or other learning activities in the broadest sense of the word, which relates to the in the agreement agreed level, project or program.
1.2 These General Terms and Conditions apply to all quotations submitted by the contractor and Agreements concluded between the customer and the contractor.
1.3 Variations from these General Terms and Conditions will only be binding if and in so far as these have been confirmed by the management of the contractor in writing.
1.4 contractor holds the right to adjust or complement these General Terms & Conditions.
1.5 Purchase terms and conditions of the customer do not apply, unless they have been accepted by management of the contractor in writing.
Artikel 2: Agreement
2.1 The agreement is the transfer of the right to use the know-how of the Informational Human Development technology of the in the agreement agreed level, project or program in exchange for payment. This right implies the transfer of skills, knowledge and experience from the contractor to the customer for effective use.
2.2 Under the given document the customer has the right to use all the skills, knowledge and experiences mentioned in article 2.1 solely for personal purposes, excluding the right to transfer them to third parties.
2.3 Customer is fully financial liable in case of violation of the conditions of this document. He/she will compensate all direct and indirect damages to the contractor, including moral damage caused to Vyacheslav Mihaylovich Bronnikov, author of the Informational Human Development technology, as a result of breach of document.
Article 3: Use of the subject
3.1 The customer commits him/herself to use the gained skills and abilities exceptionally within the limits of the given technology.
3.2 The customer is not allowed to transfer documentation, knowledge, technologies (know-how) and experience concerning the Informational Human Development technology to organizations, businesses or natural persons neither in his/her own country nor abroad.
3.3 The customer is obligated to regularly inform the contractor about his/her actions concerning the use of the skills and experience with reference to the level, project or program specified in the agreement. Also to follow accurately the documentation and recommendations concerning the use of the know-how.
Artikel 4: Technological guarantees
4.1 The contractor guarantees the customer that the transferred knowledge, know-how and experience, including all methodological documentation, are adequate for use beyond the agreement in which all aforesaid knowledge is obtained.
4.2 Technological guarantees under article 4.1 are only valid under fulfillment of all the conditions stated by any oral or written documentation of the Informational Human Development technology concerning the obligatory safety measures.
4.3 The contractor commits him/herself to provide the customer the right of using the know-how, being the in the agreement stated level, project or program, which is the subject of this document, as soon as the training starts.
4.4 On the customer’s request the contractor will give, in writing, all specific recommendations concerning all specific questions and problems, which can assist to bring that part of the Informational Human Development technology being the level, project or program agreed in agreement, in practice more effectively.
4.5 The contractor guarantees the customer, that he/she has permission of the author, Vyacheslav Mihaylovich Bronnikov, to transfer the knowledge, abilities, technologies (know-how) and experience.
Article 5: Establishment of the Agreement
5.1 The agreement between the contractor and the customer takes effect once the customer puts his/her name on the appropriate registration form or once the contractor confirms in writing that he has received a registration or assignment by email from the customer.
5.2 Additional arrangements or adjustments made after the establishment of the agreement as well as (oral) arrangements and/or promises made by employees of the contractor, will only be binding upon the contractor if they have been confirmed in writing by the management of the contractor.
Article 6: Prices and Price Changes
6.1 Prices offered and agreed are:
a. based upon the salaries, labor costs, and social security and government charges or taxes at the time of the submission of the quotation or the establishment of the agreement;
b. including professional guidance of certified experts of the Informational Human Development technology;
c. excluding VAT;
d. including payment of copyright charges to the author.
6.2 The contractor reserves the right to change prices in response to market developments, circumstances beyond his control or unforeseen circumstances, including pay rises and increased social security and government charges, even if the prices have been confirmed in writing, provided that at least three months have elapsed between the establishment of the agreement and the commencement date of the agreement.
6.3 Content of trainings, the agreement and website are displayed as accurate as possible. Obvious mistakes or errors in the content do not bind Focus To in any way possible. Deviations are no cause for claims for reimbursement and/or dissolution.
Article 7: Cancellations
7.1 Cancellations must be made in written form.
7.2 If an agreement is cancelled the customer must pay 20% of the agreed price when in between the date of the written cancellation (article 7.1) and the commencement date of the agreement lie more than nine days.
7.3 In case of cancellation within nine days of the agreed commencement date of the agreement the customer is obligated to pay the agreed price in full to the contractor.
7.4 If the customer does not appear on the agreed commencement date of the agreement or is absent without consultation afterwards, the contractor has the right to regard this as a cancellation of the entire agreement. The customer directly loses the right to participate and the use of the subject.
7.5 In case of cancellation, costs which the contractor has incurred with respect to the performance of the agreement will be charged to the customer in full.
7.6 Changes in dates and/or the nature and coverage of the contract need to be agreed upon by the contractor and confirmed by the management of the contractor in writing.
Article 8: Force Majeure
8.1 In the event of force majeure, the contractor reserves the right to cancel or alter assignments, to reschedule assignments to another time or location, or to postpone assignments until the circumstances of force majeure have ceased.
8.2 If it has been established that the circumstances of force majeure are of a permanent nature, either party may dissolve the agreement. The contractor will refund the invoice amount with due observance of articles 5, 6 and 7 of this document, unless dissolution takes place after the assignment has been rescheduled upon request of the customer, in which case there will be no refund.
8.3 Circumstances of force majeure include, besides all by authorities of law included aspects, all exterior circumstances , foreseen or not foreseen, in which the contractor has no say, although obstructing the contractor from his duties. These circumstances include amongst others strikes, fires, company interferences, energy interferences, interferences in a (telecommunication) network or connection or used communication system and/or non-availability of the internet site at any given time.
Article 9: Invoicing
9.1 Payment must be made within 14 days of invoicing date, without prejudice to the right of the contractor to demand advance payment as he sees fit.
9.2 Payment should always be concluded before the date of execution, regardless of the valid payment term.
9.3 In the event of non-payment within the term referred to in article 9.2 the contractor has the right to address this as a cancellation of the entire agreement and sets article 7 of this document in motion. The customer loses directly all rights for participation and the use of the subject.
9.4 In the event of non-payment within the term referred to in article 9.1, the customer is in default, without a notice of default being required, and the customer must pay an interest rate of 1% per month over the outstanding amount.
9.5 All costs that the contractor incurs for the purpose of collecting amounts that the customer owes to the contractor will be payable by the customer. Extrajudicial costs (including a reasonable compensation for the time spent on collecting outstanding amounts by the contractor) are set at 15% of the principal sum.
Article 10: Copyright
10.1 All by the contractor provided knowhow with reference to the Informational Human Development technology is protected by copyright of the author Vyacheslav Mihailovich Bronnikov.
10.2 This also implies that the contractor does not give the customer the right to make copies for the customer or their employees.
10.3 Contractor keeps at all times the sole rights to publication and use of all acquired audio, film and photo material during any sort of training, project or program without any compensation to the customer.
10.4 Customer supplies contractor with a (digital) copy of the audio, film or photo material acquired during any sort of training, project or program within 14 days of the conclusion of the assignment without any compensation.
Article 11: Liability
11.1 The contractor is not liable for any failure in the performance of obligations ensuing from the agreement, unless the customer demonstrates that the failure was caused by willful misconduct or gross negligence on the part of the contractor.
11.2 The contractor is not liable for any direct and/or indirect consequential loss.
11.3 The customer is liable for any loss which the contractor's employees suffer in relation to the performance of the Agreement and the customer undertakes to indemnify the contractor against claims from these employees.
11.4 The customer is fully responsible for his own conduct. Damages caused by customer will be fully compensated by the customer.
11.5 All information regarding the Informational Human Development technology is in no way meant as medical advice or as replacement of medical care.
11.6 It is up to the customer to judge if they are physically capable of participating. Participation is at all time at risk of the customer.
11.7 In case of cancellation under this Article, the contractor will never be liable for the compensation of any loss suffered by the customer as a result of this.
Article 12: Complaints Procedure
12.1 The contractor has a complaints procedure that applies to all services rendered to customers. Contractor and customer oblige themselves to try to resolve all complaints by mutual agreement.
12.2 Complaints must be made in writing to the management of the contractor (Jolanda van der Bruggen), within a month of the conclusion of the assignment.
12.3 Contractor deals with all complaints in a confidential manner and keeps them for a period of 5 years.
12.4 Contractor keeps the right to transfer complaints of the customer to the author of the Informational Human Development technology Vyacheslav Mihailovich Bronnikov. Accompanied additional costs, like translation costs, are paid for in full by the customer.
12.5 Management of the contractor handles all complaints within 1 month. Customer will be notified in writing.
12.6 The contractor will notify the customer of the result of the decision in writing within 2 months.
12.7 In case of a continuous dispute Focus To will turn to an independent third party. Customer will be notified that he/she can file a complaint with this independent third party within a month (after the signing date of the written answer).
12.8 Judgment of this independent third party is binding.
Article 13 Closing statement
13.1 All agreements between the contractor and the customer are governed by Dutch law.
13.2 Any disputes ensuing from agreements between the contractor and the customer will be submitted to the Civil Court of Amsterdam, The Netherlands, without prejudice to the right of the contractor to apply to another legally competent court.